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Terminations

No unemployment for employee who quits to retire

11/29/2011

Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation. But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.

When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

11/29/2011

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Fayetteville Goodyear plant sued over woman’s firing

11/28/2011
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Employee represents herself? Take lawsuit seriously, anyway

11/28/2011
Employees who lose their jobs these days often have a tough time finding new positions. That’s leading to more discharge lawsuits, simply be­­cause former employees have so few options. Many of those lawsuits are filed pro se. No matter how flimsy such a case seems, never ignore it.

Changing company name doesn’t end legal liability

11/28/2011
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.

Cupid in the workplace: You can terminate supervisor for lying about personal relationship

11/28/2011
What if you suspect a supervisor/subordinate relationship, but the two people deny it? You probably can’t do anything more than reiterate your workplace rule against it. If it turns out the supervisor lied, you can certainly terminate him or her—both for breaking the rule and then lying about it.

Delete cryptic notes lurking in your HR files

11/28/2011
Before you toss that handwritten note into the employee’s file today, stop for a second and read it. Years from now, will you remember what that chicken-scratch meant? Many lawsuits have turned on one or two words scrawled by a manager or HR pro after employee meetings and conversations.

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Can I fire someone I just don’t like?

11/23/2011
Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?

Contesting unemployment? Prove misconduct was willful

11/23/2011
Employees fired for willful misconduct aren’t eligible for unemployment compensation. If you terminate someone for breaking a workplace rule, be prepared to prove that the employee knew about the rule and understood it.